Regulation
What EPA should do with its delayed performance standards for GHGs
On September 15, EPA announced that it would not meet its September deadline for proposing performance standards for greenhouse gas (GHG) pollution from power plants. (That is the second delay; this proposal was originally scheduled for July 2011.) Some are asking if this delay is a big deal, and several environmental leaders sent President Obama …
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CONTINUE READINGThe Ozone Rule: What Sunstein Didn’t Say
On September 2, Cass Sunstein wrote a letter to Lisa Jackson about the ozone rule, “requesting” that EPA withdraw the regulation. Beyond the fact that it was written at all, the letter is remarkable for its significant silences: Although the letter notes that the rule was based on science that is five years old, it …
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CONTINUE READINGMajor, Proposed CEQA Amendments Sent to California Governor Jerry Brown
In the waning hours of its just-concluded session, the California Legislature passed and sent to Governor Jerry Brown a package of bills that, if signed into law by Brown, will represent the most significant amendments to the California Environmental Quality Act (CEQA) in many years. I believe it’s likely Brown will approve some or all …
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CONTINUE READINGA dangerous bill
California is known in the United States for its aggressive environmental laws, some of the most aggressive in the United States. One of the key reasons for that reputation is the California Environmental Quality Act (CEQA). CEQA is similar to the federal National Environmental Policy Act (NEPA) in that it requires a public review of …
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CONTINUE READINGTen Fatal Flaws in the “Regulatory Uncertainty” Argument
Given its obvious flaws, the whole “regulatory uncertainty” argument has the feel of something invented by some clever political operative rather than a sincere policy view.
CONTINUE READINGWhen Agencies Want to Get Sued
The Friday afternoon before Labor Day announcement by the White House that it would not lower the ozone standards under the Clean Air Act has received (rightly) a whole lot of criticism. There’s been a fair amount of speculation among environmental law observers about the legality of the decision (including Dan). What’s interesting is that …
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CONTINUE READINGTwo weeks of protest against Keystone XL ends Saturday
Two weeks of civil disobedience and protest against the Keystone XL pipeline ends this Saturday (Sept. 3), with a rally and final sit-in. Over 1,000 people have been arrested, including my former professor , Gus Speth. The protestors want President Obama to deny a permit to construct a pipeline to bring oil from Canadian tar …
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CONTINUE READINGIs Cap and Trade Unfair?
I should probably start by putting my cards on the table. I’m not really an advocate of cap and trade as compared with other forms of regulation. What I care about is getting effective carbon restrictions in place, whether they take the form of cap and trade, a carbon tax, industry-wide regulations, or something …
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CONTINUE READINGA Judicial Win for PACE Clean Energy Financing
Finally, some good news from the courts for advocates of PACE financing for energy efficiency and renewables. Federal Judge Claudia Wilken in the Northern District of California issued a ruling late Friday on the Federal Housing Finance Authority’s (FHFA) motion to dismiss a challenge from the Sierra Club, Placer and Sonoma Counties, Palm Desert, and …
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CONTINUE READINGLibertarians for Environmental Red Tape!
Libertarians have long castigated environmental review statutes, such as NEPA and CEQA, for trampling private property rights, the theory being that they make developing property so difficult and expensive that they are tantamount to disrupting those right. That’s why it was so odd to see the Pacific Legal Foundation advocating for more prolix environmental …
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